[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12157]
[[Page Unknown]]
[Federal Register: May 19, 1994]
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Part II
Department of the Interior
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Bureau of Indian Affairs
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Jamestown S'Klallam Tribe Liquor Control Ordinance; Notice
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Jamestown S'Klallam Tribe Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This Notice is published in accordance with authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM8, and in accordance with the Act of August 15,
1953, 67 Stat. 586, 18 U.S.C. 1161. I certify that Resolution No. 06-
94, the Jamestown S'Klallam Tribe Liquor Control Ordinance was duly
adopted by the Jamestown S'Klallam Tribe on February 22, 1994. The
Ordinance provides for the regulation of the activities of the
manufacture, distribution, sale, and consumption of liquor in the area
of Jamestown S'Klallam Indian Country.
DATES: This Ordinance is effective as of May 19, 1994.
FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services,
Division of Tribal Government Services, 1849 C Street NW., MS 2611-MIB,
Washington, DC 20240-4001; telephone (202) 208-4400.
SUPPLEMENTARY INFORMATION: The Jamestown S'Klallam Tribe, Resolution
No. 06-94, Jamestown S'Klallam Tribe Liquor Control Ordinance is to
read as follows:
Jamestown S'Klallam Tribe, Tribal Liquor Control Ordinance, Ordinance
#01-94.
Part I Policy and Definitions
Section 1.1 Public Policy Declared
This Ordinance shall be cited as the ``Jamestown S'Klallam Tribal
Liquor Control Ordinance''. Under the inherent sovereignty of the
Jamestown S'Klallam Tribe, this ordinance shall be deemed an exercise
of the Tribe's power for the protection of the welfare, health, peace,
morals and safety of the people of the Tribe. It is further the tribe's
policy to assure that any transaction, importation, sale or consumption
involving an alcoholic beverage, while within the Tribe's jurisdiction,
shall occur in strict compliance with this Ordinance, the laws of the
United States and where applicable, the State of Washington.
Section 1.2 Definitions
(a) Alcoholic Beverage: Shall mean any intoxicating liquor, beer,
or any wine, as defined under the provisions of this Ordinance or other
applicable law.
(b) Council: Shall mean the Tribal Council of the Jamestown
S'Klallam Tribe.
(c) Legal Age: Shall mean the age requirements as defined in part
11, section 2.1.
(d) Liquor Store: Shall mean any store established by the Tribe for
the sale of alcoholic beverages or any entity licensed by the Tribe to
sell alcoholic beverages.
(e) On-Site Dealer: Shall mean the Jamestown S'Klallam Tribe or
duly authorized licensee when it sells, or keeps for sale, any
alcoholic beverage authorized under this Ordinance for consumption on
the premises where sold.
(f) On-Site Sale: Shall mean the sale of any alcoholic beverage for
consumption only upon the premises where sold.
(g) Sale: Shall mean the transfer of any bagged, bottled, boxed,
canned or kegged alcoholic beverage, or the serving of any contents of
any bagged, bottled, boxed, canned or kegged alcoholic beverage by any
means whatsoever for a consideration of currency exchange.
(h) Transaction: Shall mean any transfer of any bagged, bottled,
boxed, canned or kegged alcoholic beverage, or the transfer of any
contents of any bagged, bottled, boxed, canned or kegged alcoholic
beverage from any liquor store, on-site dealer or vendor to any person.
(i) Vendor: Shall mean any person employed or under the supervision
by and of a liquor store or on-site dealer who conducts sales or
transactions involving alcoholic beverages.
Section 1.3 General Prohibition
It shall be a violation of tribal law to manufacture for sale,
sell, offer, or keep for sale, possess, transport or conduct any
transaction involving any alcoholic beverage except in compliance with
the terms, conditions, limitations and restrictions specified in this
Ordinance.
Section 1.4 Tribal Control of Alcoholic Beverages
The council shall have the sole and exclusive right to authorize
the importation of alcoholic beverages for sale or for the purpose of
conducting transactions therewith, and no person or organization shall
so import any such alcoholic beverage into the Jamestown S'Klallam
Indian Country unless authorized by the Council.
Section 1.5 Community Liquor Store
The council may establish and maintain anywhere within the
Jamestown S'Klallam Indian Country that the council may deem advisable,
a community liquor store or stores for the sale of alcoholic beverages
in accordance with the provisions of this ordinance. The council may
set the prices of alcoholic beverages sold.
Section 1.6 Community On-Site Dealer
The council may establish and maintain anywhere within the
Jamestown S'Klallam Indian Country that the council may deem advisable,
a community on-site dealer or dealers for storage and on-site sale of
alcoholic beverages in accordance with the provisions of this
Ordinance. The council may set the prices of alcoholic beverages sold.
Section 1.7 State of Washington Licenses and Agreements
The council or operator may negotiate an agreement or obtain a
State of Washington liquor license for any tribally operated
establishment that sells alcoholic beverages or conducts transactions
involving alcoholic beverages to the extent required by applicable law
to allow the tribe to sell liquor in Indian Country under its control.
Part II Compliance With the Laws of The State of Washington
Section 2.1 Applicability of State Law
The council and its agents shall act in conformity with state laws
regarding the sale of liquor to the extent required by applicable
federal law including 18 U.S.C. 1161.
Section 2.2 Persons Under 21 Years of Age: Restrictions
The council shall comply with the State of Washington laws
regarding restrictions on those persons under the age of 21 years in
any Tribal establishment operating pursuant to the provisions of this
ordinance.
Section 2.3 Restrictions on Intoxicated Persons
No tribally operated or licensed establishment shall sell, give, or
furnish any alcoholic beverage or in any way allow any alcoholic
beverage to be sold, given or furnished to a person who is obviously
intoxicated.
Section 2.4 Hours and Days of Sale
No tribally operated or licensed establishment shall sell or
furnish alcoholic beverages for on-site purposes during hours or on
days not in compliance with applicable law.
Part III Tribal Licensing and Regulation
Section 3.1 Power to License and Tax
The power to establish tribal licenses and levy taxes under the
provisions of this ordinance is vested exclusively with the council. If
the council enters into any agreements with the state regarding the
sale of liquor, the agreement shall be deemed tribal law.
Section 3.2 Tribally Owned Establishments
The council can issue by resolution an appropriate license to a
tribally owned establishment upon determining the site for the
establishment and obtaining the necessary licensing or agreement from
the State of Washington.
Section 3.3 License of Retail Sales
3.3.1 The council shall have the power to issue licenses to any
tribal or state chartered corporation, individual or partnership or
other entity to undertake any sale or transaction which the tribe
itself has the power to undertake under this ordinance for the sale of
alcoholic beverages at a retail store.
3.3.2 Applications for licenses shall be submitted in the form
prescribed by the council or its authorized employees. The council may,
within its sole discretion and subject to the conditions in this
ordinance issue or refuse to issue the license applied for upon payment
of such fee as the council may prescribe.
3.3.3 Every license shall be issued in the name of the applicant
and no license shall be transferable or assignable without the written
approval of the council nor shall the licensee allow any other person
or entity to use the license.
3.3.4 The council may, for violations of this ordinance, suspend
or cancel any license. A license is a privilege and no person shall
have vested rights therein. Prior to cancellation or suspension the
council shall send notice of its intent to cancel or suspend the
license to the licensee.
3.3.5 No license under this ordinance shall be for a period longer
than one year.
Section 3.4 Regulations
The council may, consistent with this ordinance, adopt regulations
it deems necessary to implement this ordinance.
Part IV Construction
Section 4.1 Severability
If any part of this ordinance, or the application thereof to any
party, person, or entity or to any circumstances, shall be held invalid
for any reason whatsoever, the remainder of the section or ordinance
shall not be affected thereby, and shall remain in full force and
effect as though no part thereof had been declared to be invalid.
Section 4.2 Amendment or Repeal of Ordinance
This ordinance may be amended or repealed by a majority vote of the
council.
Section 4.3 Sovereign Immunity
Nothing in this ordinance is intended to nor shall be construed as
a waiver of the sovereign immunity of the Jamestown S'Klallam Tribe.
Section 4.4 Effective Date
This ordinance shall be effective upon the date that the Secretary
of the Interior certifies this ordinance and publishes it in the
Federal Register.
Section 4.5 Jurisdiction
Notwithstanding anything in this ordinance to the contrary, nothing
herein is intended to nor shall be construed as a grant of jurisdiction
from the Jamestown S'Klallam Tribe to the State of Washington beyond
that provided by applicable law. The Tribe shall operate in conformity
with state law and tribal law to the extent provided pursuant to 18
U.S.C. 1161.
Dated: May 12, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-12157 Filed 5-18-94; 8:45 am]
BILLING CODE 4310-02-P
